Schibline v. Zimmerman et al
| Nathaniel Schibline |
| Correctional Officer Zimmerman, Corporal Carpenter, Corporal Cody Rex and Nurse Jane Doe |
| 5:2023cv05077 |
| May 10, 2023 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Set Deadlines: Amended Complaint due by 7/18/2023. (bjb) |
| Filing 21 TEXT ONLY ORDER finding as moot [ECF No. 19] Plaintiff's Motion entitled Motion for Summary Judgment. The Motion actually seeks to hold Defendants in default as they did not answer the Complaint within twenty-one days of the Order of Service and the issuance of summons. The United States Marshal Service has a period of ninety-days to serve parties. The twenty-one days does not begin until the date the Defendants are actually served with the Complaint. Signed by Honorable Mark E. Ford on June 27, 2023. (smg) Modified on 6/28/2023 (jlm). |
| Filing 20 TEXT ONLY ORDER granting [ECF No. 18] Plaintiff's Motion to file an Amended Complaint. Plaintiff is directed to submit an Amended Complaint by July 18, 2023. The Clerk is directed to mail the Plaintiff a court-approved section 1983 complaint form. In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff's constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendant's conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976); Fed. R. Civ. P. 8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do, the allegations against that Defendant will be dismissed for failure to state a claim.The Plaintiff must clearly designate on the face of the document that it is a First Amended Complaint. The First Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. Plaintiff may not incorporate any part of the original Complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the July 18, 2023, deadline.Signed by Honorable Mark E. Ford on June 27, 2023. (smg) |
| Filing 19 MOTION for Summary Judgment by Nathaniel Schibline. Motions referred to Mark E. Ford.(lgd) |
| Filing 18 MOTION to Amend #1 Complaint Referred (42:1983) and add defendant by Nathaniel Schibline. Motions referred to Mark E. Ford.(lgd) |
| Filing 17 TEXT ONLY ORDER denying as premature #15 Motion for subpoenas to be issued. First, Plaintiff has asked for the Court to issue witness subpoenas. There are currently no court proceedings scheduled. The request for witness subpoenas is premature. Second, Plaintiff asked for the Court to issue subpoenas for necessary documents. Once an Initial Scheduling Order is issued, Defendants will be required to make initial disclosures to Plaintiff. The initial disclosures will likely contain most of the documents Plaintiff requires. There will be a period of time set for discovery to occur. During that time, Plaintiff may submit interrogatories, requests for documents, and requests for admission to the Defendants. Signed by Honorable Mark E. Ford on June 20, 2023. (smg) |
| Filing 16 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 8/4/2023. Signed by Honorable Mark E. Ford on June 20, 2023. (smg) |
| Filing 15 MOTION for Subpoenas by Nathaniel Schibline. Motions referred to Mark E. Ford.(bjb) |
| Filing 14 TEXT ONLY ORDER granting in part and denying in part #12 MOTION for Proof of Service as well as a copy of the docket sheet to the Plaintiff. The Clerk is directed to send Plaintiff a copy of the docket sheet. The identified Defendants have now answered the complaint. Signed by Honorable Mark E. Ford on June 12, 2023. (smg) |
| Filing 13 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Carpenter, Cody Rex, Zimmerman.(Thomas, JaNan) |
| Filing 12 MOTION for Proof of Service by Nathaniel Schibline. Motions referred to Mark E. Ford.(bjb) |
| Filing 11 TEXT ONLY ORDER denying #10 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. The Court notes this case is in the early stages. The Court has ordered the Complaint served on Defendants but they have not yet filed a responsive pleading. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Mark E. Ford on June 2, 2023. (smg) |
| Filing 10 MOTION to Appoint Counsel by Nathaniel Schibline. Motions referred to Mark E. Ford.(bjb) |
| Filing 9 NOTICE of Change of Address for Nathaniel Schibline. There are no documents to resend. (bjb) |
| Filing 8 NOTICE of Change of Address for Nathaniel Schibline to Malvern, AR. There are no documents to resend. (tg) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Carpenter, Cody Rex, Zimmerman and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #6 Order Directing Service, #4 Magistrate Notice/Consent Form. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg) |
Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Carpenter, Cody Rex, Zimmerman and granting 21 days to answer. Signed by Honorable Mark E. Ford on May 11, 2023. (cc: U.S. Marshals Service-Certified).(tg)
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| Filing 5 CLERK'S ORDER re PLRA Fee directing North Central Unit, Calico Rock, AR to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (tg) |
| Filing 4 Magistrate Notice/Consent Form Furnished. (tg) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $ 350.00. Signed by Honorable Christy D. Comstock on May 10, 2023. (tg)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Nathaniel Schibline. Motions referred to Mark E. Ford.(tg) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Carpenter, Jane Doe, Cody Rex, Zimmerman, filed by Nathaniel Schibline.(tg) |
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